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(영문) 광주지방법원 2020.11.03 2020가단508685
사해행위취소
Text

1. As to the share of 2/9 of each of the real estate indicated in the separate sheet between the defendant and the non-party D.

Reasons

1. Facts of recognition;

A. D has received a loan from E Union, and its principal and interest claim was transferred in sequence to F, Korea Asset Management Corporation on December 9, 1998, Korea Asset Management Corporation on December 28, 200, and Plaintiff in 2012, and such transfer was notified D.

B. G, the father of D, died on August 2, 2015, and as his inheritor, the Defendant, children D, H, and I, the spouse of D, and the statutory inheritance portion is 3/9, D, H, and I respectively.

On April 24, 2017, the above inheritors made an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) to have each real estate indicated in the indication of each real estate listed in the separate sheet (hereinafter “each real estate of this case”) owned solely by the Defendant. On April 24, 2017, the Defendant completed the registration of ownership transfer as described in Paragraph (2) of this case on the ground of inheritance by agreement and division.

C. At the time of consultation on division of inherited property, D was in excess of its obligation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that D's act of holding a consultation on division of the inherited property of this case with the content that D shall vest 2/9 shares of its statutory inheritance among each of the real property of this case in excess of the debt of this case to the defendant is a fraudulent act against D's creditors including the plaintiff, and D's act was aware that D's act would prejudice the creditor by holding a consultation on division of the inherited property of this case, and the defendant'

Therefore, the agreement on the division of inherited property of this case with respect to 2/9 shares equivalent to D’s statutory shares among each real estate of this case shall be revoked, and the defendant shall be obligated to implement the procedure for the cancellation of ownership transfer registration completed in accordance with Paragraph (2) of this Article with respect to 2/9 shares among each real estate of this case to D.

3. The defendant's assertion is based on G's will.

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